The quantified disability alone does not disqualify a candidate from admission; individual capabilities must be assessed for eligibility under the PwD category.

J U D G M E N T

K.V. Viswanathan, J.

1. Omkar Ramchandra Gond (the appellant) grew up in a middle-class family in the city of Latur in Maharashtra State. His father is a government servant. The appellant had a creditable academic performance in his tenth standard scoring 97.2%. He cleared his school final in the first division. The appellant aspired to be a doctor. Nothing wrong Signature Not Verified Digitally signed by Deepak Singh with it, except that he had to surmount a few legal hurdles Date: 2024.10.15 14:09:52 IST Reason: enroute.

2. Admittedly, the appellant has speech and language disability and is diagnosed with Hypernasality with Misarticulation IN K/C/O Repaired Bilateral CLEFT of palate. The appellant is certified to have 45% (in some reports, it was mentioned as 44%) permanent disability as per the Disability Certificate dated 18.05.2017.

3. The appellant applied for the National Eligibility Cum Entrance Test NEET (UG), 2024 for admission to MBBS Course from the category of Persons with Disability (for short “PwD”) and Other Backward Classes (OBC) on 18.02.2024.

4. The application form had a disclaimer clause which stated that the eligibility under the PwD Category was purely provisional and was to be governed as per the National Medical Commission (NMC) guidelines regarding admission of students with “specified disabilities” under the Rights of Persons with Disabilities Act, 2016 (for short “RPwD Act”).

5. The appellant appeared for the NEET (UG) held on 05.05.2024 and qualified the entrance examination. The Schedule for Centralized Admission Process (CAP) Round-I counseling for admission was notified on 20.08.2024. The appellant applied for the centralized admission process and claimed reservation under the OBC and the PwD category. In the provisional merit list published on 26.08.2024, the name of the appellant figured at 42091. Under the Information brochure, candidates with disability have to submit a disability certificate issued for the year 2024 and have to undergo medical examination at the Disability Assessment Board.

6. The appellant approached the Designated Disability Certification Centre at Sir JJ Group of Hospitals on 16.08.2024. The Certification Centre certified that the appellant has physical disability of speech and language of 44% (in some reports, it was mentioned as 45%) and recorded that based on quantification of disability, the appellant was not eligible to pursue the medical course as per NMC norms. In view of that, the appellant was rendered ineligible person to obtain PwD reservation or to pursue medical course as per the NMC Gazette notification.

7. The Board of Governors of the Medical Council of India, the previous avatar of the NMC, had amended the Graduate Medical Education Regulations, 1997, vide notification dated 13.05.2019. The existing Appendix “H” was substituted with Appendix “H-1” providing for guidelines regarding admission to students with “specified disabilities” under the RPwD Act with respect to admission in MBBS course. As per clause 1(D) thereof, persons who have equal to or more than 40% disability were not eligible for Medical Course. The relevant clause of the schedule is extracted hereinbelow:-

Proceedings before the High Court:

8. Disappointed but by no means dispirited, the appellant moved the High Court of Judicature at Bombay in writ petition being W.P